The draft resolution of the Cabinet of Ministers “On additional measures to ensure guarantees of property rights of individuals and legal entities and to improve the procedure for the seizure of land and provision of compensation in connection with the seizure” has been published on the portal of discussing draft normative-legal acts.
The draft document was developed by the Justice Ministry of Uzbekistan.
“Withdrawal of a land plot or part thereof for state and public needs, as well as state programs and projects of investment and socio-economic importance, aimed at the integrated development of territories, including the development and improvement of the architectural appearance of a certain territory, is carried out only with the consent of an owner and (or) a permanent land user on the basis of a decision by the Council of People’s Deputies or in accordance with a resolution of the President and the Cabinet of Ministers,” the draft resolution says.
In addition, the draft decision of the Council of Ministers of the Republic of Karakalpakstan, administrations of regions and the city of Tashkent or districts (cities) on the demolition of real estate located on a seized land plot is subject to legal examination by the justice authorities. Adoption of the decision by the Council of Ministers of the Republic of Karakalpakstan, administrations of the regions and the city of Tashkent or districts (cities) on demolition is allowed if there is a positive opinion of the justice authorities on the basis of a legal examination.
It should be noted that an agreement concluded between the initiator of the land acquisition and the owner of the real estate located on the seized land is subject to mandatory notarization. The state duty for notarization of a written agreement is charged at a rate of 50% of the base estimated amount and is paid by the initiator of the land acquisition.
The draft document states that a decision on demolition of real estate is allowed only after providing full compensation to the owner (if the agreement does not provide more favorable conditions).